The guardian is ... The rights and obligations of the guardian

A guardian is a person who, in accordance with the procedure established by law, has the right to represent the interests of an incompetent person. This concept is characterized by a court decision, as well as conditions of incapacity, for example age, mental or physical state of health. Rights of the guardian are regulated both by family legislation and by the act of guardianship and trusteeship bodies.

General provisions of family law

A guardian is a person who is responsible for another person. Accordingly, from the moment of acquisition of a specific status, a person acquires a number of new rights and obligations not only in respect of his person, but also of the person being protected. At the same time, when a person tries on himself an updated list of rights and obligations, the parents of the child or other persons responsible in the past lose these rights. The moment of loss of legal status is determined by the moment of its acquisition by other persons.

Legal status, payments to trustees, as well as other issues are determined by civil law, which includes the branch of family law.

Guardians act as legal representatives of their ward. Accordingly, the acquired powers allow him to speak in defense of the rights and legitimate interests of a minor. A special permit, certified by a notary, is not required, as required by the CCP of the Russian Federation.

Assistance in the implementation of rights

The primary function of a guardian is to assist his or her clients in the implementation of rights and duties. In addition, they protect the incapacitated person, her condition, property and other values from the illegal encroachment of third parties. Often there are cases when the guardian prevented self-mutilation, as well as actions aimed at self-destruction of the person of the ward.

The legislator does not cancel the rights and duties of the guardian in connection with the finding of the ward:

• In a medical organization (inpatient treatment).
• In places of detention or imprisonment.
• In connection with training.

About the legal status

Parents, guardians, trustees have similar rights and duties with regard to the beneficiaries:

• The main duty of the above-mentioned persons is to take care of the condition of the wards, their content, which is expressed in providing them with food, clothing, a roof over their heads, and the appropriate living conditions.
• Providing care and treatment, if necessary, joint visits to social and medical organizations.
• The manifestation of concern for the upbringing of the child, ensuring his mental, spiritual and moral development. The guardian or guardian is free to choose the methods of upbringing based on the opinion of the child himself, and also on the basis of the recommendations of the relevant state and municipal bodies.
• Provision of conditions for the child to fulfill the obligations to obtain a basic general education. A guardian is a person who can exercise authority in the choice of an educational institution, taking into account the children's opinion, if any.
• Exercise the necessary care for the health of the child. The guardian of the disabled person should, as far as possible, take care of his physical development, as well as the guardian of the minor.
• Obliged to monitor, regulate and correct the communication of the child, if there are doubts about the positive impact on the failed person.
• Represent and protect the interests of the ward.

These powers are regulated by Art. 36 of the Civil Code of the Russian Federation. In the exercise of his powers, a person must take into account that all actions should be aimed at protecting and protecting the interests of the person under guard.

Where without duties?

Along with the above rights, certain binding standards are constrained by authorized persons. The following duties should be implemented by the guardians:

1. Independently submit applications to state and municipal authorities for all payments that are due to the ward.
2. Act in court as a representative and counsel for the purpose of demanding alimony necessary for the maintenance of incapable person.
3. Take the necessary measures to protect the property rights of the ward, his values. In court, to demand from individuals property from illegal possession, to file a demand for recognition of ownership rights for an incompetent person.
4. Realize the duty of caring for the transferred property of the ward, not to allow his loss, reducing the cost and so on. In the case of the possibility of earning income to promote income from property.
5. Declare claims for compensation for physical and moral harm, which was caused to the ward.
6. To apply to medical institutions for the purpose of purchasing services for a person with incompetent incompetence.
7. To stand up for the protection of housing rights by filing a lawsuit for the eviction of unfavorable tenants who do not have the right to live in a dwelling. In addition, the guardian is a person authorized to apply for a place of residence for the incapacitated.
8. To apply to the competent authorities with a statement testifying to the violation of rights by other persons.

Prohibited actions for trustees

The guardian has broad rights and duties. Trusteeship in this case provides for a number of certain prohibitions. So, the guardian does not have the right:

• Make transactions with the client. An incompetent person who has acquired a legal status in accordance with the established procedure has no right to perform legally significant actions. Accordingly, such a transaction is easy to recognize as invalid. The only exceptions to the general rule are the provisions on donation or gratuitous use.
• Prevent the communication of the baby with his real parents, if such a right does not restrict the court and does not harm the interests of the child.
• Spend the property, values and funds of the wards for personal purposes.
• Conclude an agreement, loans on behalf of your ward.

Property rights

A guardian may well act as a full participant in property relations in the interests of his ward. But at the same time he is forbidden:

1. Conclude an agreement on the use of property. At the same time, the guardian is not entitled to sign this document either on behalf of the ward or himself to carry out these actions if the period of use exceeds 5 years.
2. The exception to the first prohibition is the transfer of property for a period of more than 5 years in the event of obtaining permission from the guardianship and trusteeship agencies, which was previously received. A transaction of this kind is possible provided that the income is received in favor of the person being trusted.
3. The authorized person does not have the right to make transactions related to the rental of the property, rent or free use, unless special permission from the guardianship and trusteeship authorities has been obtained for these actions.

It is worth noting that the permission of the guardianship and trusteeship agencies must be obtained in any case if there is a risk of diminishing the incapacitated person's property.

What do custodians or trustees have the right to?

• Require the return of the child on the basis of a court decision from persons who forcibly keep him at home.
• Make money at the expense of your ward.

Individual actions

In the presence of special life circumstances, the guardianship and trusteeship agencies are entitled to indicate the prohibition of certain actions for the guardian. The most common example is the ban on the place of residence of the ward. Based on the individual characteristics of the individual, the guardian may be prohibited and other actions.

About sanctions

Each person, assuming the duties of a guardian or trustee, assigns to his or her shoulders a certain responsibility:

1. Each guardian is responsible for all transactions that are performed on behalf of the ward during the period of his / her duties.
2. Guardians and trustees are responsible for the harm that was caused to the wards through their fault.

In the event of improper performance by the guardian of the obligations imposed on the property rights, he is obliged to pay for the damage caused. Such actions include damage, improper storage of property, as well as embezzlement and expenditure of valuables for other purposes. In the event of a controversial situation, the relevant authorities shall issue an act in accordance with which the demand is drawn up.

For all actions (omissions), guardians and trustees bear responsibility established by the legislation of the Russian Federation.